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CONTINUOUS ZINC FURNACE CO. v. AMERICAN S. & R. CO.

No. 59.

61 F.2d 958 (1932)

CONTINUOUS ZINC FURNACE CO. v. AMERICAN SMELTING & REFINING CO.

Circuit Court of Appeals, Second Circuit.

December 5, 1932.

Attorney(s) appearing for the Case

David A. Buckley, Jr., of New York City (Harold G. Aron, of New York City, of counsel), for appellant.

Chadbourne, Stanchfield & Levy, of New York City (C. Frank Reavis, Jr., and Martin D. Jacobs, both of New York City, of counsel), for appellee.

Before L. HAND and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The District Court dismissed the amended complaint on the ground that another action was pending between the same parties or their privies for the same cause of action. The motion to dismiss was made under rules 106 and 107 of the Rules of Civil Practice of New York because:

(1) The plaintiff had no legal capacity to sue, and there was another action pending between the same parties or their privies for the same cause of action...

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